Item O8 o.s
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: 0.8
Agenda Item Summary #5660
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of a contract for purchase of lots described as Block 24,
Lots 1 and 2, Sands (PB 1-65) with parcel numbers 00302870-000000 and 00302880-000000 for
density reduction purposes and a pump station site for $40,000.
ITEM BACKGROUND: This acquisition is proposed to protect property rights, to reduce density,
and to reduce the County's potential liability for takings suits. This property is one of those proposed
to be purchased under the County's density reduction initiative. The Monroe County Land Authority
(MCLA) negotiated the proposed agreement on the Board's behalf pursuant to an interlocal
agreement between MCLA and the County.
In addition to furthering the County's density reduction initiative, this property is also being
considered by Engineering Services as the site for a pump station needed for the County's Sea Level
Rise Roadway and Drainage Pilot Project on Big Pine Key.
The subject property consists of two adjoining lots totaling 10,000 square feet on the corner of
Avenue C and Father Tony Way on the bay side of Big Pine Key. The property is designated Tier 1
— Natural Area, is zoned Improved Subdivision, and consists of exotic vegetation. The property
owner has agreed to sell the property for the price of$40,000. The estimated closing costs for this
transaction will be approximately $1,115.
PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are
intended to reduce density and to reduce the County's potential exposure to property rights' related
lawsuits through voluntary purchases.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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BennettContract
BennettMCPAData
FINANCIAL IMPACT:
Effective Date: June 19, 2019
Expiration Date: None
Total Dollar Value of Contract: $40,000.00 plus estimated closing costs of$1,115.50
Total Cost to County: $41,115.50
Current Year Portion: $41,115.50
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: To be determined—mowing and maintenance
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes, will be covered by County's liability policy
Additional Details: $40,000.00 plus closing costs estimated to be approximately $1,115.50
None
06/19/19 NEW COST CENTER ADDED $41,115.50
REVIEWED BY:
Charles Pattison Completed 06/03/2019 4:37 PM
Bob Shillinger Completed 06/04/2019 4:11 PM
Bob Shillinger Skipped 06/04/2019 10:10 AM
Budget and Finance Completed 06/04/2019 4:50 PM
Maria Slavik Completed 06/04/2019 4:53 PM
Kathy Peters Completed 06/04/2019 4:54 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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AGREEMENT FOR THE PURCHASE OFLANDS
THIS AGREEMENT is made and entered into this day Of 2010, by
and between
Estate of Frank J. Bennett and Estate of Inez Bennett
(hereinafter "GS||8[/Sy'), for th8DlSe|v8S, their heirs, ex8CUtD[S' 8d[DiOiSt[@ƒ0rS, SuCCeSSOnG and
assigns, and K4{}NRC}E COUNTY, FLORIDA (hereinafter"CC)UNTY"). `~
VV|TNEG8ETH:
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1. In consideration of Ten [}o||aro ($10.00) in hoDd, paid by the C(]UNTY, the receipt of which is �
hereby acknowledged, the Se||er/a> agree to sell to the COUNTY certain lands upon the terms and �
conditions hereinafter set forth, and for the price Of $40,000,80 for all of the lands and other
interests, which lands ohe|| include all ienomonts, heredit8m8ntG, together with all xv@t8r and other 0
rights, easements, appurtenances, and any and all of the G8||8r'S rights in or arising by reason Of 4
ovvn8rShipth9r8untD belonging, owned by them, situate and lying in the County ofMonroe, State «�
of Florida, more particularly described as follows; to-wit:
Block 24' Lots 1 and2' Sands (PB 1-65)
RE# 00302070-080000 and00302080-000000
2. The Seller(s) agree that they have fU|| right, pOVVR[ and authority to COOv8y. and that they will
COOYRy to the COUNTY the fee simple title together with legal and p[@[tiC@| access thereto C|e8r.
free and unencumbered, except subject to the following easements or reservations:
Existing easements for canals, ditCh8S, flUnn8S, p|p8||n8S, r8||rO3dS, public highways and n}@dS.
telephone, telegraph, power transmission lines and public utilities.
The COUNTY, at the COUNTY'S expense, within the time allowed to deliver evidence of title and
to examine sanne, may have the real property surveyed and certified by m registered Florida
surveyor.
Seller(s) shall convey 8 marketable title subject only to the aforementioned liens, encumbrances, �
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exceptions or qualification set forth herein. Marketable title shall be determined according to
applicable title standards adopted by authority of the Florida Bar and in accordance with law. The
COUNTY Sh8|{ have Sinh/ (00) days from the effective date of this Agreement in which to examine
title. If title is found defective, the [|{)UNTT shall, within this specified time period' notify Seller(s)
in writing specifying defOct/a)� If defect(s) render unrnoFh�t@b|o the ��e||er/e\ vvi|| have one
^ ` . . ' . .
hundred twenty (120) days from receipt Of notice within which to remove the defoCt(s). The
Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either
accepting the title @Sit then iSO[ rescinding the Agreement herein. Notwithstanding the above 6O-
day notice provision hD88||6r(S), the Seller(s) hereby acknowledge no probate proceedings have
been conducted in the State OfFlorida, acknowledge title is currently unmarketable, and agree to
complete the probate proceedings necessary to clear Uda within 80 days of executing this
Agreement, failing which the COUNTY shall have the O[ti0D of rescinding the Agreement herein;
thereupon the COUNTY and the Seller(s) shall release one another of all further obligations under
this Agreement.
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3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to
said lands may be diminished or encumbered while this Agreement is pending. It is further agreed
that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by
reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be
borne by the Seller(s); and that, in the event any such loss or damage occurs, the COUNTY may,
without liability, refuse to accept conveyance of said lands.
4. The Seller(s) further agree that during the
period covered accredited agents of the COUNTY shall have at all reasonable times imessthestrument un stricted'cers right aand
nd
privilege to enter upon said lands for all proper and lawful purposes, including examination of said
lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims
against the COUNTY or the State of Florida associated with, or arising from ownership of, said
lands and this waiver shall survive closing. ci
5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY a good and sufficient deed of warranty conveying to the COUNTY a marketable title to
the said lands of such character as to be satisfactory to the legal counsel of the COUNTY and said
deed shall provide that the use, occupation and operation of the rights-of-way, easements and
reservations retained therein, shall be subordinate to and subject to such rules and regulations as
may be prescribed by the COUNTY governing the use, occupation, protection and administration
of lands.
6. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other
interests at the price of $40,000.00. The COUNTY further agrees that, after the preparation, a
execution, and delivery of the deed, and after the legal counsel of the COUNTY shall have
approved the title thus vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase
price. The COUNTY shall pay the following expenses associated with the conveyance of the (s
property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's
attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes
allocable to the period subsequent to the vesting of title in the COUNTY, or the effective date of
Possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the
expenses of documentary stamps to be affixed to the deed and real estate commissions, if any.
Full possession of the premises shall pass to the COUNTY as of the date payment is made to the
Seller(s) subject only to the reservations stated in Section 2 above.
7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property
herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by
the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY any
documents in Seller(s)'s possession establishing evidence of title including, but not limited to,
abstracts, title commitments, title policies and opinions of title.
8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at
the date title vests of record in the COUNTY, whether or not such taxes and assessments are then
due and payable.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by email to the address provided by the Seller(s) or mail addressed to the Seller(s) at
the following address:
521 Merrie Road
Raleigh, NC 27606
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0.8.a
and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without
sending a separate notice to each, except as such obligation may be affected by the provisions of
paragraph 6 hereof.
10. The property shall be delivered at closing free of any tenant or occupancy whatsoever.
11. The Seller(s) shall close any open building permits or code enforcement proceedings prior to
closing.
12. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
COUNTY has signed this Agreement.
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13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until May 30, 2019 to sign
and return this Agreement to the COUNTY. This Agreement may be executed in counterparts.
Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is
contingent upon approval by the Monroe County Board of County Commissioners, failing which
the COUNTY and the Seller(s) shall release one another of all further obligations under this
Agreement.
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IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase U
said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from
the execution thereof by the Seller(s), and to purchase said lands as herein provided.
Seller/ Estate of Frank J. Bennett and Estate of Inez Bennett
By: Frank Joseph Bennett Jr., Heir At Law Z
Signature Date Phone Number
0
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
ATTEST: Kevin Madok, CPA, Clerk
By:
Deputy Clerk Sylvia Murphy, Mayor
(Seal)
Date:
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00302870-000000
Account# 1374920 a�
Property I D 1374920
Millage Group 100H
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Location Address 31315 AVENUE C,BIG PINE KEY
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Legal Description BK24 LT 1 SANDS SUB PBl-65 BIG PINE KEYOR468-579 U)
(I`duks I`duL Lu-w a,t?d on k porl dOLU M n I',)
Neighborhood 549
Property Class VACANT RES(0000)
Subdivision SANDSSUBD
Sec/Twp/Rng 25/66/29 cd
Affordable Housing No
r�4m .a� rr 0
Owner cv
I:!,PNNPTr l:"R<-NK J I:f lI NNI::Tr INI::Z 19
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521 Merrie Rd 521 Merrie Rd
Raleigh NC 27606 Raleigh NC 27606
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0 (�
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $26,250 $22,500 $17,500 $16,250
= Just Market Value $26,250 $22,500 $17,500 $16,250
= Total Assessed Value $12,400 $11,273 $10,248 $9,317
- School Exempt Value $0 $0 $0 $0 _
= School Taxable Value $26,250 $22,500 $17,500 $16,250
Land _
Land Use Number of Units Unit Type Frontage Depth cu
RESIDENTIAL DRY UNPERMITTED(01DM) 5,000.00 Square Foot 50 100
View Tax Info
Photos
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gPublic.net-Monroe County, FL Page 1 of 2
0.8.b
„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel lD 00302880-000000
Account# 1374938
Property ID 1374938 k P' ay di
Millage Group 100H l"
Location Address 31325 AVENUE C,BIG PINE KEY
Legal Description BK24 LT 2 SANDS SUB PBl-65 BIG PINE KEYOR468-579 ;,, `_"�' 'L
(I`duks I`duL Lu-w a,t?d on k porl dOLU M n I',) `
Neighborhood 549
Property Class VACANT RES(0000) �rl
Subdivision SANDSSUBD "
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Sec/Twp/Rng 25/66/29 ttl r ��,�, d qy
Affordable Housing No
frt f�
YkT J 0
Owner cv
I:?,I:::NNPTr l:"R<-NK J I:fI:::NNI:::Tr INI:::z 19
cy
521 Merrie Rd 521 Merrie Rd
Raleigh NC 27606 Raleigh NC 27606
Valuation
2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0 (�
+ Market Misc Value $0 $0 $0 $0
+ Market Land Value $26,250 $22,500 $17,500 $16,250
= Just Market Value $26,250 $22,500 $17,500 $16,250
= Total Assessed Value $12,400 $11,273 $10,248 $9,317
- School Exempt Value $0 $0 $0 $0 _
= School Taxable Value $26,250 $22,500 $17,500 $16,250
Land _
Land Use Number of Units Unit Type Frontage Depth cu
RESIDENTIAL DRY UNPERMITTED(01DM) 5,000.00 Square Foot 50 100
View Tax Info
Photos
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